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Muhammed Ali

High Court Of Kerala|16 December, 2014
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JUDGMENT / ORDER

The petitioner is the holder of Ext.P1 building permit for constructing a residential building. In view of the Government Order, the petitioner does not require the permit to extract ordinary earth from the site covered by the building permit. However, for the purpose of transporting the ordinary earth, petitioner requires P Form. Petitioner submitted an application in this regard before the Geologist, but the same was rejected by insisting production of No Objection Certificate. Hence, the petitioner filed this writ petition. 2. The first respondent-Geologist, after ascertaining the quantity of ordinary earth to be removed from the site covered by the building permit, shall issue necessary P forms to the petitioner without insisting for No Objection Certificate and Environmental Clearance, within ten days from the date of receipt of a copy of this judgment.
W.P.(c).No.33887 of 2014 : 2 :
3. However, if the petitioner fails to construct a residential building pursuant to Ext.P1 permit, it can be concluded that the permit was obtained to defraud the Authority and necessary action shall be taken against the petitioner in accordance with law.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, Judge.
dpk /True copy/PS to Judge.
W.P.(c).No.33887 of 2014 : 3 :
A.MUHAMED MUSTAQUE, Judge.
dpk
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Title

Muhammed Ali

Court

High Court Of Kerala

JudgmentDate
16 December, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • P M Ziraj Sri
  • A M Abdulla
  • Sri
  • Sri
  • Kumar Sri
  • Smt
  • Reshma P Joseph
  • Smt
  • Subi K